http://mlab.taik.fi/studies/courses/course?id=1986

1. Digital_Fabrication_Studio.03
Intellectual Property, Open Design, Metadesign
Massimo Menichinelli
massimo.menichinelli@aalto.f
12.09.2012
@openp2pdesign
http://www.slideshare.net/openp2pdesign

2. Today:
* IP for Digital Fabrication
* Mass-collaboration + Open Design
* Metadesign of Open projects

3. 01.
Intellectual Property:
different ways of protecting your
work

4. Close to the Napster case of 3D Printing
There is a rising debate about 3D printing as the next possible source
of piracy... so there could be even more laws and restrictions!
Source: http://thepiratebay.se/browse/605

5. Digital Fabrication and copying...
But fabbing is only experiencing the same
phenomena of design and manufacturing...
Source: http://www.sculpteo.com/en/app/

6. Digital Fabrication and copying...
But fabbing is only experiencing the same
phenomena of design and manufacturing...
Source: http://atcasa.corriere.it/catalogo/prodotti/Campeggi/Santapouf.shtml

7. Digital Fabrication and copying...
But fabbing is only experiencing the same phenomena of
design and manufacturing... So who copies who?
Source: http://www.liveauctioneers.com/item/8263457

8. Digital Fabrication and copying... even the details
But fabbing is only experiencing the same phenomena of
design and manufacturing... even details are copied!
Source: http://twitpic.com/7t9879

9. Fashion Design and copying... “piracy” ?
Copying in Fashion Design is a common practice, because only
the trademark is protected.. and that's how we they set trends!
Source: http://www.refinedhype.com/hyped/entry/adidas-beachstar-sandal

10. Fashion Design and copying... “piracy” ?
Copying in Fashion Design is a common practice, because only
the trademark is protected.. and that's how we they set trends!
Source: http://www.adidas.fi/Men%27s-Duramo-Clog-Slides/G62583_640,fi_FI,pd.html

11. Copyright ...
Copyright essentially attaches to every original creative work that is
fxed in a tangible medium. This includes most things that are
written, drawn, or designed. However, the copyright only protects the
actual writing, drawing, or design itself, not the idea that it expresses.
Source: http://www.publicknowledge.org/it-will-be-awesome-if-they-dont-screw-it-up
Copyright =
* the right to copy (the rights to let or stop copying)
* the author's rights (the rights to be credited)

12. Patent ...
Patent protection is not granted automatically. An inventor must apply
for a patent on her invention at the Patent and Trademark Offce (PTO).
The invention must be new, useful, and non-obvious. In making the
application, the inventor must disclose information that would allow
others to practice the invention. Finally, patent protection is signifcantly
shorter in duration than copyright protection.
Once an object has been patented, all copies, regardless of the copier’s
knowledge of the patent, infringe upon that patent. Simply stated, if you
are using a 3D printer to reproduce a patented object, you are infringing
on the patent.
Source: http://www.publicknowledge.org/it-will-be-awesome-if-they-dont-screw-it-up

13. Copyright, Patent and originality ...
In the world of copyright law, this intuition is correct. When a child in Seattle writes
an ode to his pet dog, that work is protected by copyright. If, two years later, another
child in Atlanta writes an identical ode to her pet dog (unaware of the frst ode), the
second work is also protected by copyright. This is possible because copyright allows
for independent creation, even if the same work was independently created twice (or
even more than twice). While a work must be original in order to receive copyright
protection, the work does not need to be unique in the world.
Source: http://www.publicknowledge.org/it-will-be-awesome-if-they-dont-screw-it-up
However, and relevantly for reproducing 3D objects, patent law does have a novelty
requirement. Patent law does not allow for parallel creation. Once an invention is
patented every unauthorized reproduction of that invention is an infringement,
whether the reproducer is aware of the original invention or not.
Source: http://www.publicknowledge.org/it-will-be-awesome-if-they-dont-screw-it-up

14. Watch out when you enter this game...
A South Korean court ruled that both Apple and Samsung infringed on one
another’s intellectual property and owe each other damages.
Source: http://www.wired.com/gadgetlab/2012/08/s-korea-court-rules-damages/

15. Trademark ...
Trademark developed as a way to protect consumers, giving them confdence that a
product marked with a manufacturer’s symbol was actually made and backed by that
manufacturer. As a result, trademark is not designed to protect intellectual property
per se. Intellectual property protection is instead a side effect of needing to protect
the integrity of the mark.
Source: http://www.publicknowledge.org/it-will-be-awesome-if-they-dont-screw-it-up
Because trademark protection is specifcally geared towards preventing consumer
confusion in the marketplace, trademark infringement is described in terms of “use in
commerce.” Unlike patent or copyright, it is not copying a trademark that creates a
trademark violation. Instead, it is using that trademark in commerce (thus potentially
confusing a consumer as to the origin of the product) that results in a violation.
Source: http://www.publicknowledge.org/it-will-be-awesome-if-they-dont-screw-it-up

16. Trade Dress
Trademark protection can extend beyond a logo affxed to a product
to include the design of the product itself. However, in order to
extend protection to product design, courts have required that trade
dress acquire a distinct association with a specifc manufacturer.
Acquiring this type of distinctiveness takes time, and must be proven
by survey results or some other proof of association in the eyes of the
general public. As a result most product designs, even unique designs
intended “to render the product more useful or more appealing,” will
not be protected as trade dress.
Source: http://www.publicknowledge.org/it-will-be-awesome-if-they-dont-screw-it-up

17. Trade Dress, an example
A very recognizable shape...
Source: http://en.wikipedia.org/wiki/Coca_cola

18. Be careful: every country has its laws...
In UK copyright only lasts 25 years after the creation ...
Source: http://www.voga.com/is-it-legal/
http://www.core77.com/blog/business/scandinavian_design_piracy_company_utilizes_uk_copyright_loophole_22318.asp

19. Licensing your project ...
The main beneft of product licensing is that you do not have all of
the risk and headaches that necessarily come with running your own
business. It is quite true that you could make a lot more money if
you sold your own idea (if you did not screw things up at any
number of places along the way).
Source: http://www.core77.com/blog/columns/product_licensing_in_an_era_of_open_innovation_22953.asp
Young designers often gasp when hearing that a good royalty rate
might be 5% of wholesale cost (around 2% of retail price)—"but it is
MY idea!" Seasoned designers understand that a designed product
(not to mention one that is not engineered, sourced, and fully
developed and tested) is but a small part of the business equation.
Source: http://www.core77.com/blog/columns/product_licensing_101_so_lets_talk_money_23366.asp

20. Creative Commons: licensing the sharing
How to publish your content while at the same time
enabling sharing and protecting your author rights.
Source: http://creativecommons.org/

21. License: Review conditions
Attribution: Licensees may copy, distribute, display and perform the
work and make derivative works based on it only if they give the
author or licensor the credits in the manner specifed by these.
Non commercial: Licensees may copy, distribute, display, and perform
the work and make derivative works based on it only for
noncommercial purposes.
No Derivate Works: Licensees may copy, distribute, display and
perform only verbatim copies of the work, not derivative works
based on it.
Share alike: Licensees may distribute derivative works only under a
license identical to the license that governs the original work.

22. License: Select license

23. Creative Commons: licensing the sharing
How to publish your content while at the same time
enabling sharing and protecting your author rights.
Source: http://creativecommons.org/

24. Everything is a Remix #01
BugLabs has been much more successful in
offering completely open products.
Source: http://vimeo.com/14912890

25. Everything is a Remix #02
BugLabs has been much more successful in
offering completely open products.
Source: http://vimeo.com/19447662

26. Everything is a Remix #03
BugLabs has been much more successful in
offering completely open products.
Source: http://vimeo.com/25380454

27. Everything is a Remix #04
BugLabs has been much more successful in
offering completely open products.
Source: http://vimeo.com/36881035

28. For a further reading on the topic ...
An open and free book about Free Culture
and Open Knowledge.
Source: http://www.free-culture.cc/

29. For a further reading on the topic ...
An open and free book about Free Culture
and Open Knowledge.
Source: http://www.the-future-of-ideas.com/download/

30. For a further reading on the topic ...
An in-depth exploration of digital culture and its dissemination, Sharing offers
a counterpoint to the dominant view that fle sharing is piracy.
Source: http://www.sharing-thebook.com/content/about

31. For a further watching on the topic ...
An open and free documentary about
intellectual property and remix.
Source: http://ripremix.com/ http://www.nfb.ca/film/rip_a_remix_manifesto/

32. 02.
Open Design:
mass collaboration enabled by the
Internet and other tools

33. Web 2.0
A new model of mass collaboration, based on
user-generated content and commenting.
Source: http://www.time.com/time/magazine/article/0,9171,1570810,00.html

34. Web 2.0
And the same model can be applied to
Design.
Source: http://www.coroflot.com/heo/FOOTWEAR-RUNNING/1

35. Peer-to-Peer
More than about fle sharing, peer-to-peer
defnes new dynamics between people.
Source: http://home.comcast.net/~gregory.bray/

36. Peer-to-Peer
And the same model can be applied to
Design.
Source: http://www.kiva.org/lend/333427

37. Peer-to-Peer
And the same model can be applied to
Design, with important results!
Source: http://vimeo.com/28413747

38. Crowdsourcing
Outsourcing a project or a task to an online crowd,
more about competition than collaboration.
Source: http://www.innocentive.com/

39. Crowdsourcing
And the same model can be applied to
Design, with critica results!!
Source: http://www.designcrowd.com/

40. Mobile: Single user designing, no collaboration
Collaboration is not only based on a
single tool: not only on a PC!
Source: http://www.mshape.com/

41. Mobile: Smart Mobs, Ubiquitous Computing
We could even (re)build a design from
noncoordinated users.
Source: http://grail.cs.washington.edu/rome/ http://youtu.be/HrgHFDPJHXo

42. Open Source: open collaborative development
The most complete and promising model for
mass-collaboration on the Internet.
Source: http://www.buglabs.net/ford-buglabs

43. And hybrid models... like OpenIDEO
Crowdsourcing 50% + Web 2.0 30% + Open Source 20%.
Source: http://www.openideo.com/

44. What is Open Source? A generic definition
A (software) project published with a license that facilitates its
access + modifying + sharing in a collaborative way.
A (software) project developed collaboratively by a community,
based not on hierarchy but on reputation.

45. Why Open Source in Software?
Source Code (human readable) --> Binary Code (machine readable)
Source: http://www.flickr.com/photos/nyoin/3342043239/

46. Why Open Source in Software?
Source Code (human readable) --> Binary Code (machine readable)
Source: http://www.flickr.com/photos/exlibris/2997090116/

47. Why Open Source in Software?
Source Code (human readable) --> Binary Code (machine readable)
Source: http://www.flickr.com/photos/ladymixy-uk/3650120464/

48. Open Source Everywhere...
“Software is just the beginning … open source is doing for
mass innovation what the assembly line did for mass
production. Get ready for the era when collaboration replaces
the corporation.”
Thomas Goetz, Wired November 2003
Source: http://www.wired.com/wired/archive/11.11/opensource.html
Open Source as promising way to organise communities.
Source: http://www.buglabs.net/ford-buglabs

49. Open Drinks
Started as an example or for marketing, now
an important feld of experimentation!
Source: http://en.wikipedia.org/wiki/OpenCola_(drink) http://en.wikipedia.org/wiki/Free_Beer
http://www.flickr.com/photos/16038409@N02/2327138220/in/photostream

50. Open Biotechnology
Applied in many different scientifc
researches.
Source: http://www.cambia.org/

51. Open Movies + Videogames
Done with and for Blender (Open Source 3D
modeling software).
Source: http://www.elephantsdream.org/ http://www.bigbuckbunny.org/ http://www.sintel.org/

52. What is Open Design? A generic definition
a project published with a license that facilitates its sharing and
that can be “compiled” or “manufactured” locally.
* sharing
* collaboration
* open licenses
* code --> artifact
Open Design refers to every kind of design projects that can be
shared in a digital format over a network.

53. Open Typography
ABCDEFGHIJKLMNOPQRSTUVWXYZ
abcdefghijklmnopqrstuvwxyz
ÈÉÊËĒĔĖĘĚȄȨȆḔḖḘḚḜẸẺẼỀẾỂỄỆ
èéêěèéêëēĕėęěȅȩȇḕḕḗḗḙḛḝẹẻẽềếểễềếểễ
oőo̍o̖o̗o̘o̙o̜o̹o̝o̞o̟o̠ọooooo̧ǫ̩o̪o̫o̬oo̯ooo̼̱o̒o
̊
“‹«.:?!©*¶§&/(‖)[¦]{|}€†‡@®™¿¡;,»›”
¤¢$£€¥₡₢₣₤#01234567891⁄41⁄23⁄4%₦
₧ The frst open source font (2001) by Victor Gaultney, with a
specifc license: SIL Open Font License (OFL).
Source: http://scripts.sil.org/cms/scripts/page.php?site_id=nrsi&item_id=Gentium

54. Open Fashion Design
Open Fashion Design projects and brands.
Source: http://www.openwear.org/

55. Open Architecture
Not as advanced as Open product design, but
still part of an ongoing experimentation.
Source: http://openarchitecturenetwork.org/

56. Open Architecture
Not as advanced as Open product design, but
still part of an ongoing experimentation.
Source: http://www.wikihouse.cc/

57. (Open) Design competitions
Digital fabrication and FabLabs open new possibilities
for Design competitions and Open Design.
Source: http://unlimiteddesigncontest.org/

58. (Open) Design competitions
Digital fabrication and FabLabs open new possibilities
for Design competitions and Open Design.
Source: http://www.domusweb.it/en/upcoming-event/call-for-ideas-autoprogettazione-20--/
http://www.domusweb.it/en/news/autoprogettazione-20-on-display/

59. Completely Open: Hardware, Software, Design
OpenMoko was the frst product to be completely open:
open hardware, open source software, open design.
Source: http://wiki.openmoko.org/wiki/Main_Page

60. Completely Open: Hardware, Software, Design
OpenMoko was the frst product to be completely open:
open hardware, open source software, open design.
Source: http://wiki.openmoko.org/wiki/Main_Page

61. Completely Open: Hardware, Software, Design
BugLabs has been much more successful in
offering completely open products.
Source: http://www.buglabs.net/

62. BugLabs + Ford
So successful that they just announced a
partnership with Ford Car.
Source: http://www.buglabs.net/ford-buglabs

63. Open Design: (almost) already successful
When you have a sci-f novel from a popular autor about open
design and makers, they are not underground any longer.
Source: http://craphound.com/makers/download/

64. Open Design: (almost) already successful
When a famous design company and the national
organization of design embrace Open Design ...
Source: http://www.buglabs.net/ford-buglabs

65. Open Design: (almost) already successful
And when probably the biggest CAD design software house buys
an open design community, there must be money ahead!
Source: http://www.instructables.com/community/Instructables-Joins-Autodesk/
http://techcrunch.com/2011/08/01/autodesk-acquires-diy-community-instructables/

66. Open Design: (almost) already successful
And when probably the biggest CAD design software house offers
freeware software for makers, there must be money ahead!
Source: http://www.123dapp.com/

67. More on the Open Design Exhibition!
An open exhibition about the most important Open Design projects:
on Media Factory's walls and on GitHub!
Source: https://github.com/openp2pdesign/Open-Design-Exhibition

68. Sketch Chair: Open Design as code
What is Open Design, if the chair is designed
by a software?
Source: http://www.sketchchair.cc/

69. Sketch Chair: Open Design as code
What is Open Design, is manufacturing and
supply chain process?
Source: http://www.sketchchair.cc/

70. … and participate in the Open Design Definition!
And when probably the biggest CAD design software house offers
freeware software for makers, there must be money ahead!
Source: https://github.com/OpenDesign-WorkingGroup/Open-Design-Definition

71. The current status of Open Design
* single persons or small groups design a project and then just
publish it online
* lack of new tools, processes, systems that enable designers
and users in developing open design projects
--> where is the collaboration?
--> where are the open processes?
--> where are the communities?

72. The current status of Open Design
From: torvalds@klaava.Helsinki.FI (Linus Benedict Torvalds)
Newsgroups: comp.os.minix
Subject: What would you like to see most in minix?
Summary: small poll for my new operating system
Message-ID:
Date: 25 Aug 91 20:57:08 GMT
Organization: University of Helsinki
Hello everybody out there using minix -
I'm doing a (free) operating system (just a hobby, won't be big and
professional like gnu) for 386(486) AT clones. This has been brewing
since april, and is starting to get ready. I'd like any feedback on
things people like/dislike in minix, as my OS resembles it somewhat
(same physical layout of the file-system (due to practical reasons)
among other things).
I've currently ported bash(1.08) and gcc(1.40), and things seem to work.
This implies that I'll get something practical within a few months, and
I'd like to know what features most people would want. Any suggestions
are welcome, but I won't promise I'll implement them :-)
Linus (torvalds@kruuna.helsinki.fi)
So successful that they just announced a
partnership with Ford Car.
Source: http://www.cs.cmu.edu/~awb/linux.history.html

73. The experience of a user of Open Source software
The surface experience with open source software: not only
fnished products that can be downloaded and used!
Source: http://sourceforge.net/

74. … the big picture of Open Source: the process
But there's a big process of collaboration
behind the fnal product!
Source: http://code.google.com/p/codeswarm/
http://vimeo.com/1093745

75. … the big picture of Open Source: the process
But there's a big process of collaboration
behind the fnal product!
Source: http://code.google.com/p/gource/
http://youtu.be/aPk1BqK8zzI

76. … the big picture of Open Source: the process
But there's a big process of collaboration
behind the fnal product!
Source: http://www.michaelogawa.com/research/storylines/

77. A more systemic definition of Open Design
A collaborative distributed system of design & manufacturing
* sharing
* collaboration
* open licenses
* open and distributed manufacturing technologies
A system of agents that:
* use
* design
* manufacture
* market
* distribute
* manage the end-of-life

78. 03.
Metadesign:
designing the design processes and
tools

79. What can we do for Open Design projects?
Metadesign is the design of the design tools, processes
and systems
* research and share design knowledge
* research and share business models
* research and share fnancial and environmental sustainability
* design and share design tools
* design and share design processes
* facilitate design & manufacturing & end-of-life systems
* facilitate the distributed creativity

80. Designing Open Collaborative projects: Thinkcycle
First example: a platform and supply chain
and social system for Open Design projects.
Source: http://www.thinkcycle.org (now closed) http://web.media.mit.edu/~nitin/thesis/

81. P2P Service Design: Open Health (Design Council)
Second example: frst peer-to-peer public
services by design (2004-2006).
Source: http://www.designcouncil.info/mt/RED/ (now inactive) http://www.participle.net/

82. Open P2P Design: Metadesign for Open projects
A short summary of a research about developing
metadesign initiatives for Open projects.
Source: http://www.issuu.com/openp2pdesign http://www.scribd.com/openp2pdesign

83. Where should we use Open P2P Design?
* for community-centered projects
* for community-based services / businesses
* for projects that are distributed in a territory / locality
* for complex projects
* for participatory processes
* for open processes and projects
In Open Design, Open Innovation, Open Business, Open
Government...

84. Why Open P2P Design?
* mass-collaboration/crowdsourcing --> change in the role of
designers
* being subjected to mass collaboration --> designing it
* communities generate innovations --> more opportunities for
designers
--> designers can be enablers / facilitators of distributed creativity
--> designers still have more knowledge and expertise, just now
they are part of collaborative networks
--> designers could even adopt open strategies

85. And the Design research and practice is changing
Design by author -->
Design by marketing -->
User-centred Design →
User-experience Design →
Activity-centred Design →
Co-Design --> …

86. What does Open P2P Design design?
}
Activity Theory +
Service Design (+ Activity Theory) + Activity
Action Planning (Urbanism) +
Social Network Analysis +
...

87. Activity Theory
Activity theory is an approach in psychology that aims to understand individual / social
entities, with an analysis of the genesis, structure, processes of their activities.
Source: http://www.helsinki.fi/cradle/chat.htm http://www.helsinki.fi/cradle/activitysystem.htm

88. Metadesign with Open P2P Design ?
}
Analysis +
Concept design + Design process:
A systemic activity
Prototyping + comprising set of
Manufacturing + actions (sub-
Distribution + activities), with
their own tools,
Support + roles, rules
End of life +
...

89. What about the source code for Open P2P Design?
Participation matrix +
} Process Design
Activity analysis +
} Community analysis
}
Social Network Analysis +
Storyboard +
System map +
Service blueprint + Activity Design
Motivation matrix +
Activity description +
…
Design project } Open Design

90. A toolkit for the Open P2P Design methodology
A simple, free and open paper toolkit for brainstorming
metadesign projects for Open initiatives.
Source: http://www.issuu.com/openp2pdesign http://www.scribd.com/openp2pdesign

91. Process: Activities and participation
A simple way for designing the level of participation in
the different steps of the design process.
Source: Hamdi, N., & Goethert, R. (1997). Action Planning for Cities: A Guide to Community Practice. Academy Press

92. Activity Design
A simple way of designing the Open Design Activity is
by using a MindMap instead of an Activity System.
Source: https://github.com/OpenDesign-WorkingGroup/Open-Design-Definition/tree/master/meta

93. Open P2P Design Process

94. Flows: System Map
The System Map is very useful to visualize and design interactions
as flows between people. Its elements are:
* material flows
* information flows
* fnancial flows
+ roles
+ border of the system
Source:http://www.mepss.nl/index.php?p=tool&l4=W21

95. System Map
The flows of money, information and material resources
in the Thinkcycle project.

96. Interactions: Motivation Matrix
The Motivation Matrix is useful for analysing, designing, visualizing
interactions as motivations between the roles of the Open Design activity.
Source: http://www.servicedesigntools.org/tools/20 http://servicedesign.wikispaces.com/Motivation+Matrix

97. Blueprint
Service Blueprints are used in torder to design and visualize processes and
specifcations of the Activity when it happens inside an organization or place.
Source: http://www.face.ubiobio.cl/webfile/media/42/version%20-8-1/mariaperez.pdf
http://www.servicedesigntools.org/tools/35

98. Blueprint
Service Blueprints are used in torder to design and visualize processes and
specifcations of the Activity when it happens inside an organization or place.
Source: http://www.face.ubiobio.cl/webfile/media/42/version%20-8-1/mariaperez.pdf
http://www.servicedesigntools.org/tools/35

99. Storyboard
Storyboards are a series of illustrations or images displayed in sequence. They
enable analysing, designing, visualizing interactions through time as a story.
Source: http://www.servicedesigntools.org/tools/13 http://en.wikipedia.org/wiki/Storyboard
http://www.flickr.com/photos/ninga/473316247/

100. Open P2P Design Workshop, Singapore, NTU
With Roger Pitiot. 25-27 November 2009, NTU University
Singapore Design Festival
Source: http://www.openp2pdesign.org/projects/past-projects/open-p2p-design-workshop-seoul-singapore-2009/

101. 01. Community Analysis
Analysis of the community of students at NTU and
of their activity we want to solve.

102. 02. Participation Matrix
“First version of the Participation Matrix, we do everything by ourselves”
“Second version, now the students manufacture and manage the product, we just help them distributing it”
Process design (with a participation matrix): two revisions.

103. 03. Open Design Activity
Design of the Open Design Activity, based on the Activity Theory System.

104. 04. System Map rev. 20
“Feedback from students and survey results
from customers, now available to read by
concept designers.”

105. 04. System Map rev.21
“Everyone gets paid now”

106. 05. Open Design Activity Poster
Final posters for promoting the Open Design projects,
frst version and second modifcation.

107. Storyboard: can be generated with software!
For generating storyboards more easily, a
javascript app that turns a script into a comic.
Source: http://www.kesiev.com/stripthis/

108. Storyboard: can be generated with software!
For generating storyboards more easily, a
javascript app that turns a script into a comic.
Source: https://github.com/OpenDesign-WorkingGroup/Open-Design-Definition/tree/master/meta

109. 05.
Work for the next weeks:
Clone the repository of the projects.
Work in your folder, document ideas
for a personal project with your
README.md file.

110. Our repo on GitHub!
This is where we will work together!
Source: https://github.com/DigitalFabricationStudio/Project_0.2

111. 05.
Work for next weeks:
choose a Creative Commons license
for your projects, and add it to the
Readme.md file.

112. Thank you!!
Massimo Menichinelli
Aalto Media Factory
massimo.menichinelli@aalto.f 12.09.2012
@openp2pdesign
http://www.slideshare.net/openp2pdesign